Mediation as a Basic Element of Crime Control: Theoretical and Empirical Comments

For the past few years constructive social alternatives have been considered as a basically alternative concept in the field of ambulant sanctions. Firstly the victim-offender-reconciliation is to be mentioned. The ethical explanation lies in the principle of self-responsible actions in criminal law, and the principle of the priority of taking responsibility over criminal constraint. Besides, the victim's interests are taken far more into consideration and "conflict manage-ment" gains importance. On the basis of these reflections and with regard to the practical experience of pilot projects, a work group of German, Swiss and Austrian criminal law academics to which the author belongs presented the so-called alternative draft regarding compensation (AE-WGM) in 1992 which introduces compensation into the system of legal consequences as a "third way". Meanwhile the legislator has taken up the idea of the AE-WGM and has put it into practice by creating section 46 a (German Penal Code). It contains the provision that the judge may decide according to his discretion to refrain from punishment in cases where the penalty of up to one year is incurred and VOR has taken place. The public prosecutor may withdraw the charge on the same conditions. The victim-offender-reconciliation has thereby become an integral part of the legal system of sanctions and it seems necessary to incorporate conflict resolving into the state control of crime. A newly organized German Research Group on Restorative Justice (GRJ) investigates all data in this field to get knowledge about the quantity, organization and the processes in case work. First results can be reported. Victim-offender-reconciliation is mainly carried out by independent bodies of the youth welfare service and partly by court assistance. Actually there are nearly 400 institutions working in Germany. The acceptance rate of more than 80% of the victims and offenders is very high. The majority of offences dealt with are bodily injury, theft and criminal damage and, to some extent, robbery. These projects are mostly carried out by social workers who settle conflicts through personal contact between victim and offender. On the whole mediation works successfully in peacemaking after an criminal offense.